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2002 January Council Proceedings Regular Session, January 7, 2002 1 DUBUQUE of Robert Kubicek; SISCO in estimated amount of $361 for personal injury claim of Jody CITY Bradley; Merle A. Viertel in estimated amount of OFFICIAL $871.24 for property damage, presented and PROCEEDINGS read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and City Council, Regular Session, January 7, report. Seconded by Cline. Motion carried 7-0. 2002 Council met in Regular Session at 6:30 P.M. in Corporation Counsel advising that the the Library Auditorium following claim has been referred to Public Entity Present: Mayor Duggan, Council Members Risk Services of Iowa, the agent for the Iowa Buol, Cline, Connors, Markham, Michalski, Communities Assurance Pool: Merle A. Viertel Nicholson, City Manager Michael Van Milligen, for property damage, presented and read. Buol Corporation Counsel Barry Lindahl. moved that the communication be received and filed and concurred. Seconded by Cline. Motion Mayor Duggan read the call and stated this is carried 7-0. the regular session of the City Council called for the purpose of acting upon such business which Corporation Counsel recommending denial of may properly come before the City Council. the claim of Robert Wild for property damage, presented and read. Buol moved that the Invocation was given by Msgr. Francis Friedl. communication be received and filed and concurred with the recommendation. Seconded City Clerk Jeanne F. Schneider swore in by Cline. Motion carried 7-0. Mayor Terrance M. Duggan, Mayor Duggan swore in Council Member At-Large Daniel E. Civil Service Commission: Civil Service Nicholson, Council Member First Ward John H. Commission submitting the certified list for the Markham, and Council Member Third Ward position of Public Safety Dispatcher, presented Joyce E. Connors. and read. Mayor Duggan swore in Mayor Pro-Tem Ann December 18, 2001 E. Michalski. Honorable Mayor and Members of the City Council Proclamation: Martin Luther King Day (January In accordance with Chapter 400 of the 2001 20, 2002). Code of Iowa, an examination for the position of Public Safety Dispatcher was given on Rick Goodin, Airport Commission Chairperson, December 11, 2001. We hereby certify that the introduced Andrew Perry, Airport Manager. individuals listed below have passed this written examination and the vacancy for this position CONSENT ITEMS should be made from this list and that this list is good for two (2) years from above date. Minutes Submitted: Airport Commission of PUBLIC SAFETY DISPATCHER 12/17; Cable TV Regulatory Commission of Jessica M. George 12/12; City Council of 12/17 and 12/27; Civil Diane M. Hickey Service Commission of 12/12; Community Edie A. Huss Development Advisory Commission of 12/6; Julie A. Rooney Environmental Stewardship Advisory Beth A. Saylor Commission of 12/17; Five Flags Commission of Respectfully submitted, 12/17; Housing Commission of 12/8; Long /s/ Loras Kluesner, Chairperson Range Planning Advisory Commission of 12/19, /s/ Merle Duehr presented and read. Buol moved that the /s/ Richard Wertzberger minutes be received and filed. Seconded by Civil Service Commission Cline. Motion carried 7-0. Buol moved that the communication be received and filed and made a matter of record. Proof of publication of City Council Seconded by Cline. Motion carried 7-0. Proceedings of 11/28, 12/3, 12/10; and 12/17, presented and read. 2001 GPRA Annual Products Report: City Manager submitting the 2001 Government Notice of Claims/Suits: Joe Chapman in Performance and Results Act (GPRA) Annual estimated amount of $15 for property damage; Products Report which Certified Local Richard J. Hartig in estimated amount of Governments submit to the National Parks $1,061.41 for property damage; Joe A. Kubicek Service to demonstrate to Congress the in estimated amount of $115 for personal injury accomplishments of programs funded by the 2 Regular Session, January 7, 2002 Historic Preservation Fund, presented and read. Manager. Seconded by Cline. Motion carried 7- Buol moved that the communication be received 0. and filed. Seconded by Cline. Motion carried 7- 0. Mediacom: Communication from Mediacom advising of a rate increase effective with Floodwall Inspection Report: City Manager February 2002 billing statements, presented and forwarding the Floodwall Inspection Report from read. Buol moved that the communication be the U.S. Army Corps of Engineers in which the received and filed. Seconded by Cline. Motion City received the highest Corps rating of carried 7-0. acceptable, presented and read. Buol moved that the communication be received and filed. Liquor License Refund: MM and H Corporation Seconded by Cline. Motion carried 7-0. requesting a refund of their Class C Liquor License in the amount of $422.50, presented Interstate Power Loan Extension: City and read. Buol moved that the communication Manager recommending approval of an be received and filed and refund approved. addendum to the Urban Renewal Tax Increment Seconded by Cline. Motion carried 7-0. Revenue Promissory Note and execution of the RESOLUTION NO. 1-02 mortgage extension with Alliant Energy (Interstate Power), presented and read. Buol NOW, THEREFORE, BE IT RESOLVED BY moved that the communication be received and THE CITY COUNCIL OF THE CITY OF filed and approved recommendation. Seconded DUBUQUE, IOWA: by Cline. Motion carried 7-0. That the following having complied with the provisions of law relating to the sale of Agreement Between the City of Dubuque and Cigarettes within the City of Dubuque, Iowa, be Delta Dental Plan of Iowa: City Manager granted a permit to sell Cigarettes and Cigarette recommending approval of the Administrative Papers within said City. Services and Financial Agreement between the New City of Dubuque and Delta Dental Plan of Iowa Awn Stop Mart Inc Awn Stop Mart Inc. for services related to the administration of the 1998 Jackson City’s dental plan – removed from Agenda. Passed, approved and adopted this 7th day of, January 2002. Substance Abuse Policy: City Manager Terrance M. Duggan, Mayor recommending adoption of a Substance Abuse Attest: Jeanne F. Schneider, City Clerk Policy for the City of Dubuque as required by the Buol moved adoption of the Resolution. Federal Drug and Alcohol Testing Regulations, Seconded by Cline. Motion carried 7-0. presented and read. Buol moved that the RESOLUTION NO. 2-02 communication be received and filed and adopted the Policy. Seconded by Cline. Motion Whereas, applications for Beer Permits have carried 7-0. been submitted and filed to this Council for approval and the same have been examined Iowa Department of Natural Resources: and approved: and Communication from the Iowa Department of Whereas, the premises to be occupied by such Natural Resources regarding municipal separate applicants were inspected and found to comply storm sewer permit requirements, presented and with the Ordinances of the City and have filed read. Buol moved that the communication be proper bonds received and filed. Seconded by Cline. Motion NOW, THEREFORE, BE IT RESOLVED BY carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Dubuque Metropolitan Area Solid Waste That the Manager be authorized to cause to be Agency: Jan Hess, Secretary for the Dubuque issued the following named applicants a Beer Metropolitan Area Solid Waste Agency, Permit. submitting rates for the landfill beginning July 1, CLASS “B” BEER PERMIT 2002, presented and read. Buol moved that the KT Restaurants Godfather’s Pizza+ communication be received and filed. Seconded (Sunday Sale) 1575 JFK Rd by Cline. Motion carried 7-0. CLASS “C” BEER PERMIT Rainbo Oil Company Kwik Stop Food Loras College – Request to Purchase Mart+(Sunday Sale) 2320 Hwy 61 Property: Communication from Stephen J. Awn Stop Mart Inc. Awn Stop Mart+ Schmall, Loras College, requesting to purchase (Sunday Sale) 1998 Jackson a portion of two City-owned streets, presented Hy-Vee Inc. Hy-Vee # 2+ and read. Buol moved that the communication (Sunday Sale) 4800 Asbury Rd be received and filed and referred to the City Regular Session, January 7, 2002 3 th Passed, approved and adopted this 7 day of Communication from Mike Portzen advising January, 2002. that Portzen Construction, Inc. will honor their Terrance M. Duggan, Mayor bid proposal for the project through January 8, Attest: Jeanne F. Schneider, City Clerk 2002; Public Works Director Mike Koch Buol moved adoption of the Resolution. submitting revised construction schedule; Proofs Seconded by Cline. Motion carried 7-0. of publication on notice of hearing on plans and specifications, and notice to bidders on the RESOLUTION NO. 3-02 receipt of bids, and City Manager recommending Whereas, applications for Liquor Licenses award of the contract for the opening of Main thth have been submitted to this Council for approval Street from 5 Street to 9 Street to Portzen and the same have been examined and Construction, Inc., in the amount of approved; and $1,864,870.39; Communication from Thomas G. Whereas, the premises to be occupied by such Bond, Dubuque TV Limited Partnership, applicants were inspected and found to comply expressing opposition to the proposed with the State Laws and all City Ordinances assessment to his property at 744 Main Street; relevant thereto and they have filed proper Communication from Michael J. Kielty, Banner bonds. Investments, in opposition to the proposed street NOW, THEREFORE, BE IT RESOLVED BY assessment for his property at 799 Main Street.; THE CITY COUNCIL OF THE CITY OF Communication of David W. Leifker regarding DUBUQUE, IOWA Town Clock Plaza; Communication from That the Manager be authorized to cause to be property owners (13) in support of re-opening issued the following named applicants a Liquor Main Street and their proposed assessments, License. presented and read. CLASSC BEER/LIQUOR LICENSE @@ RESOLUTION NO. 4-02 Breezer’s Pub Company Breezers Pub+ RESOLUTION ADOPTING (Sunday Sale) 600 Central Ave PLANS AND SPECIFICATIONS Phillip Love The Lounge+ th Whereas, on the 14 day of November, 2002, (Sunday/Outdoor Sale) 481 Locust St plans, specifications, form of contract and Mul, Inc A & B Tap+ (Sunday Sale) 2600 Central Ave estimated cost were filed with the City Clerk of CLASS “B” WINE Dubuque, Iowa for the Main Street thth Dubuque Religious Center, Inc Dubuque Reconstruction Project – 5 to 9 Streets. Religious Center 923 Main St Whereas, notice of hearing on plans, specifications, form of contract, and estimated Hy-Vee Hy-Vee # 2 cost was published as required by law. 4800 Asbury Rd th NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 7 day of THE CITY COUNCIL OF THE CITY OF January, 2002. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk That the said plans, specifications, form of Buol moved adoption of the Resolution. contract and estimated cost are hereby Seconded by Cline. Motion carried 7-0. approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. BOARDS/COMMISSIONS th Passed, adopted and approved this 7 day of January, 2002. Interviews for the following Boards / Terrance M. Duggan, Mayor Commissions: HUMAN RIGHTS COMMISSION: Attest: Jeanne F. Schneider, City Clerk (Three vacancies for terms through 1/1/05 – Nicholson moved adoption of the Resolution. Blau, Determan, and Sutton). Applicants: Sr. Seconded by Michalski. Carried by the following Corine Murray, PBVM; Lou Oswald; Bill Ross; vote: Yeas—Cline, Connors, Markham, Michalski, Nicholson, Buol. Nays—Duggan. Joseph Hopkins. No one spoke. PLUMBING BOARD: RESOLUTION NO. 5-02 (Journeyman – Term of Papin to expire RESOLUTION APPROVING PRELIMINARY 11/2/03). Applicant: Paul Papin. No one spoke. SCHEDULE OF ASSESSMENTS FOR MAIN TH STREET RECONSTRUCTION PROJECT – 5 ACTION ITEMS TH TO 9 STREETS Michalski moved to remove the following item Whereas, the City Council passed Resolution 505-01, dated November 19, 2001, approving from the table. Seconded by Nicholson. Motion the Preliminary Schedule of Assessments for the carried 7-0. thth thth reconstruction of Main Street, from 5 to 9 Main Street Opening from 5 to 9 – Award of Streets; and Contract (Tabled from December 17, 2001): 4 Regular Session, January 7, 2002 Whereas, it has been determined that the Attest: Jeanne F. Schneider, CMC, City Clerk Schedule of Assessments contained two errors Nicholson moved adoption of the Resolution. which need to be corrected. Seconded by Michalski. Carried by the following NOW THEREFORE, BE IT RESOLVED BY vote: Yeas—Cline, Connors, Markham, THE CITY COUNCIL OF THE CITY OF Michalski, Nicholson, Buol. Nays—Duggan. DUBUQUE, IOWA: RESOLUTION NO. 7-02 That the following amendments, as shown on AWARDING CONTRACT the attached sheet, be made to Resolution 505- 01, Preliminary Schedule of Assessments, for Whereas, sealed proposals have been thth the reconstruction of Main Street, from 5 to 9 submitted by contractors for Main Street thth Streets. Reconstruction Project, 5 to 9 Streets, th Passed, approved and adopted this 7 day of pursuant to Resolution No. 506-01 and notice to January, 2002. bidders published in a newspaper published in rd Terrance M. Duggan, Mayor the City of Dubuque, Iowa on the 23 day of Attest: Jeanne F. Schneider, City Clerk November, 2001. Nicholson moved adoption of the Resolution. Whereas, said sealed proposals were opened Seconded by Michalski. Carried by the following and read on the 6th day of December, 2001, and vote: Yeas—Cline, Connors, Markham, it has been determined that the bid of Portzen Michalski, Nicholson, Buol. Nays—Duggan. Construction, Inc. of Dubuque, Iowa, in the amount of $1,864,870.39 was the lowest bid for RESOLUTION NO. 6-02 the furnishings of all labor and materials and RESOLUTION WITH RESPECT TO THE performing the work as provided for in the plans ADOPTION OF THE RESOLUTION OF and specifications. NECESSITY PROPOSED FOR THE MAIN NOW THEREFORE, BE IT RESOLVED BY THTH STREET RECONSTRUCTION, 5 TO 9 THE CITY COUNCIL OF THE CITY OF STREETS DUBUQUE, IOWA: Whereas, the City Council has proposed a That the contract for the above improvement Resolution of Necessity for the Main Street be awarded to Portzen Construction, Inc. and thth Reconstruction, 5 to 9 Streets, has given the Manager be and is hereby directed to notice of the public hearing thereon as required execute a contract on behalf of the City of by law; and Dubuque for the complete performance of the Whereas, the public hearing has been held, all work. persons offering objections have been heard BE IT FURTHER RESOLVED: and consideration given to all objections and is Section 1. That Portzen Construction, Inc. be pending before this Council; and given a three-week extension on the completion Whereas, this is the time and place set as deadlines, since the award of the contract provided for the taking of action on the proposed exceeded his requirement to hold the bid price Resolution of Necessity. for a maximum of thirty (30) days after the NOW THEREFORE, BE IT RESOLVED BY receipt of bids. THE CITY COUNCIL OF THE CITY OF Section 2. That the early bonus date moved DUBUQUE, IOWA: from July 26, 2002, to August 16, 2002 and from That the proposed Resolution of Necessity August 31, 2002 to September 21, 2002. described above is hereby: Section 3. That upon the signing of said x Adopted, without amendment, and all contract and the approval of the contractor's objections filed or made having been bond, the City Treasurer is authorized and dully considered are overruled. instructed to return the bid deposits of the Adopted as amended by the Schedule of unsuccessful bidders. Assessments attached hereto as Passed, approved and adopted this 7th day of Exhibit A, and made a part hereof by January, 2002. reference. All objections filed or made Terrance M. Duggan, Mayor having been duly considered are Attest: Jeanne F. Schneider, CMC, City Clerk overruled. Nicholson moved adoption of the Resolution Deferred for later consideration to a City and amended the Resolution to extend the Council meeting to be held on the ____ completion date for one month rather than three day of , , next at 6:30 p.m. in , with weeks. Seconded by Michalski. Carried by the jurisdiction retained for further following vote: Yeas—Cline, Connors, Markham, consideration and action at the Michalski, Nicholson, Buol. Nays—Duggan. adjourned meeting. Abandoned. Affordable Housing Tax Credit Program th Passed, adopted and approved this 7 day of Application – MWF Properties: Communication January, 2002. from David T. Steele, Vice President of MWF Terrance M. Duggan, Mayor Properties, requesting the City support their Regular Session, January 7, 2002 5 Affordable Housing Tax Credit Program HOME Program funds for rehabilitation of Application to the State of Iowa; City Manager properties located near the “Five Points” providing information regarding a request from intersection, presented and read. Nicholson MWF Properties for City support of an moved that the communication be received and application to the Iowa Finance Authority for filed and approved the recommendation. housing tax credits for a new construction family Seconded by Cline. Motion carried 7-0. apartment complex to be known as Raven Hill Apartments; and a Resolution of Support for the City Council Appointments: Communications development of a rental housing project to be from the Dubuque Racing Association and known as Raven Hill Apartments, presented and Operation: New View requesting appointment of read. the City’s designees to their respective Boards David Steele of MWF Properties, spoke in for calendar year 2002, presented and read. support of this project. Nicholson moved that the communication be Discussion ensued about the speed of this received and filed. Seconded by Michalski. project and that staff had no recommendation. Motion carried 7-0. Nicholson moved to receive and file the Dubuque Metropolitan Solid Waste Agency: documents and to refer the matter to Staff. Michalski moved that Nicholson be appointed to Seconded by Cline. Motion carried 7-0. that Board. Seconded by Cline. Motion carried 7-0. Memorandum of Understanding with Heartland Operation: New View: Nicholson moved that Financial USA: City Manager recommending Cline and Connors be appointed to that Board. approval of a Memorandum of Understanding Seconded by Michalski. Motion carried 7-0. between the City and Heartland Financial USA, Dubuque Racing Assn: Nicholson moved that Inc. for an expansion project in downtown the current members remain on that Board - Dubuque, presented and read. Cline moved that currently Mayor Duggan and Council Members the communication be received and filed. Buol and Markham. Seconded by Michalski. Seconded by Michalski. Motion carried 7-0. Motion carried 7-0. Lynn B. Fuller, President and CEO of REAP Committee – Nicholson moved that Heartland Financial USA, Inc., spoke in support Connors be appointed to that Committee. of the Memorandum of Understanding. Seconded by Cline. Motion carried 7-0. Airport Commission: Nicholson moved that RESOLUTION NO. 8-02 Markham be reappointed to a one year term to A RESOLUTION APPROVING A expire 01/5/03. Seconded by Michalski. Motion MEMORANDUM OF UNDERSTANDING WITH carried 7-0. HEARTLAND FINANCIAL USA INC. FOR AN EXPANSION IN DOWNTOWN DUBUQUE There being no further business, Markham Whereas, Heartland Financial USA Inc. is moved to adjourn. Seconded by Buol. Motion proposing to expand employment in the City of carried 7-0. The meeting adjourned at 7:28 P.M. Dubuque, and Whereas, the City is encouraging the /s/ Jeanne F. Schneider Company to expand its operations in Downtown City Clerk Dubuque, and 1t 1/16 Whereas, a Memorandum of Understanding has been prepared for said expansion, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Memorandum of Understanding is hereby approved. Section 2. The City Manager is hereby directed to prepare documents necessary to implement the Memorandum of Understanding th Passed, approved and adopted this 7 day of January 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. HOME Program Application: City Manager recommending approval of an application to the Iowa Department of Economic Development for 6 Regular Session, January 7, 2002 Approved:__________________________2002 Adopted:___________________________2002 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk Special Session, January 21, 2002 7 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, January 21, Approved:__________________________2002 2002 Council met for dinner at 4:45 P.M. in the Adopted:___________________________2002 Library Rotunda Council met in Special Session at 5:23 P.M. in the Library Auditorium ______________________________________ Mayor Present: Mayor Pro-Tem Michalski, Council Members Buol, Cline, Connors, Markham, ______________________________________ Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. ______________________________________ Absent: Mayor Duggan. ______________________________________ Mayor Pro-Tem Michalski read the call and stated this is a Special Session of the City ______________________________________ Council called for the purpose of discussing Streetscape Design Guidelines in the Historic ______________________________________ Preservation Districts. ______________________________________ Terry Mozena, Chair of the Historic Council Members Preservation Commission, introduced the members of the Historic Design Guidelines Attest: Steering Committee that were present. ______________________________________ Kevin Eipperle of The Durrant Group City Clerk presented the draft Guidelines. At 6:07 P.M. there being no further business on this subject, Buol moved to go into Closed Session – re: Pending Litigation and Acquisition of Property – Iowa Code Chapter 21.5(1)(c)(j). Seconded by Cline. Motion carried 6-0. At 6:28 P.M. upon consensus Closed Session adjourned stating Staff had been given proper direction. /s/ Jeanne F. Schneider, CMC City Clerk 1t 1/30 8 Regular Session, January 21, 2002 DUBUQUE and report. Seconded by Cline. Motion carried 6- 0. CITY COUNCIL Corporation Counsel advising that the OFFICIAL following claims have been referred to Public PROCEEDINGS Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Richard J. Hartig for property damage.; Joe A. Kubicek for City Council, Regular Session, January 21, personal injury; and SISCO for personal injury 2002 claim of Jody Bradley, presented and read. Buol Council met in Regular Session at 6:30 P.M. in moved that the communications be received and the Library Auditorium filed. Seconded by Cline. Motion carried 6-0. Present: Mayor Pro-Tem Michalski, Council Members Buol, Cline, Connors, Markham, Corporation Counsel recommending approval Nicholson, City Manager Michael Van Milligen, of the claim of Joe Chapman for property Corporation Counsel Barry Lindahl. damage in the amount of $15.00 and directing Absent: Mayor Duggan. the Finance Director to issue the proper payment, presented and read. Buol moved that Mayor Pro-Tem Michalski read the call and the communication be received and filed and stated this is the regular session of the City directed Finance Director to issue proper Council called for the purpose of acting upon payment. Seconded by Cline. Motion carried 6- such business which may properly come before 0. the City Council. Citizen Communications: Invocation was given by President Ken Communication from John and Tina Perry Daughters, Emmaus Bible College. requesting that the City vacate a portion of Burlington and Stolz Street abutting their CONSENT ITEMS property, presented and read. Buol moved that the communication be received and filed and Minutes Submitted: City Council of 1/7; Civil referred to the City Manager. Seconded by Service Commission of 12/18; Historic Cline. Motion carried 6-0. Preservation Commission of 12/20; Park and Communication from Brendan T. Quann, Recreation Commission of 12/11; Transit Board representing the Sisters of Charity of the of 12/13; Zoning Advisory Commission of 12/19 Blessed Virgin Mary, requesting that the City and 1/2; Zoning Board of Adjustment of 12/20, vacate a portion of Carmel Drive abutting presented and read. Buol moved that the property owned by the Sisters of Charity, minutes be received and filed. Seconded by presented and read. Buol moved that the Cline. Motion carried 6-0. communication be received and filed and referred to the City Manager. Seconded by Finance Director submitting the City of Cline. Motion carried 6-0. Dubuque Financial reports for the month ending Communication from Kenneth J. Moore and December 31, 2001, presented and read. Buol Vince Kilburg requesting that parking be allowed moved that the communication and report be in the alley between Main Street and Iowa Street received and filed. Seconded by Cline. Motion for tenants in building located at 140 Loras carried 6-0. Boulevard, presented and read. . Mr. Vince Kilburg of Bellevue, as Building Printed Council Proceedings for November Manager, spoke clarifying this request. 2001, presented and read. Buol moved that the Buol moved that the communication be proceedings be approved as printed. Seconded received and filed and referred to the City by Cline. Motion carried 6-0. Manager. Seconded by Cline. Motion carried 6- 0. Notice of Claims/Suits: David Draper in estimated amount of $629.04 for vehicle Civil Service Commission: damage; Carol Ernst in estimated amount of Civil Service Commission submitting the $503.97 for vehicle damage; Farm Bureau certified list for the position of Stock Clerk and Mutual Insurance in undetermined amount for amending the certified list for Equipment vehicle damage and personal injury of Earl Operator II, presented and read. Hinzman; Leuwerke and Associates, Inc. in undetermined amount for property damage January 3, 2002 claim of Ellen Close; Randy Rath in estimated Honorable Mayor and Members of the City amount of $800 for vehicle damage, presented Council and read. Buol moved that the claims and suits In accordance with Chapter 400 of the 2001 be referred to the Legal Staff for investigation Code of Iowa, an examination for the position of Regular Session, January 21, 2002 9 Stock Clerk was given on December 18, 2001. Whereas, the City Council of the City of We hereby certify that the individuals listed Dubuque, Iowa, met on the 21st day of January, below have passed this written examination and 2002, at 6:30 p.m., in the Public Library the vacancy for this position should be made Auditorium, Eleventh and Locust Streets, from this list and that this list is good for two (2) Dubuque, Iowa, to consider the first amendment years from above date. to the Lease Agreement between the City of STOCK CLERK Dubuque and the Dubuque Girls’ Independent Gary Nauman Frederick Brimeyer League, a copy of which is attached hereto and Garry F. Clauer Kathy L. Masterpol incorporated herein by reference; and Teresa M. Behnke Timothy J. Schmit Whereas, the City Council of the City of Randy Ludowitz Edie A. Huss Dubuque, Iowa, overruled any and all Respectfully submitted, objections, oral or written, to the lease /s/ Loras Kluesner, Chairperson agreement; /s/ Merle Duehr NOW THEREFORE, BE IT RESOLVED BY Civil Service Commission THE CITY COUNCIL OF THE CITY OF Buol moved that the above Civil Service DUBUQUE, IOWA: certification be made a matter of record. Section 1. The amendment to the Lease Seconded by Cline. Motion carried 6-0. Agreement between the City of Dubuque and the Dubuque Girls’ Independent League, a copy January 3, 2002 of which is attached hereto, is hereby approved. Honorable Mayor and Members of the City Section 2. The Mayor is authorized and Council directed to execute the Lease Agreement on In accordance with Chapter 400 of the 2001 behalf of the City of Dubuque. Code of Iowa, an examination for the position of Passed, approved and adopted this 21st day Equipment Operator II was given on June 12, of January, 2002. 2001. We hereby certify that the following Ann E. Michalski, Mayor Pro-Tem individuals be added to the previously certified Attest: Jeanne F. Schneider, City Clerk list for this position. Buol moved adoption of the Resolution. EQUIPMENT OPERATOR II Seconded by Cline. Motion carried 6-0. Scott L. Pape Troy J. Kapparos Phase III Historical/Architectural Survey Grant Respectfully submitted, Agreement: City Manager recommending /s/ Loras Kluesner, Chairperson approval of a Certified Local Government (CLG) /s/ Merle Duehr grant agreement for Phase III of Dubuque’s Civil Service Commission Architectural / Historic Survey / Evaluation, Buol moved that the above Civil Service presented and read. Buol moved that the certification be made a matter of record. communication be received and filed and Seconded by Cline. Motion carried 6-0. approved recommendation. Seconded by Cline. Motion carried 6-0. City Precinct and Ward Plan: Communication from Chet J. Culver, Secretary of State, advising Final Plat – Lots 1 and 2 of C and Z Addition: that the State has approved the City Precinct Zoning Advisory Commission recommending and Ward Plan as submitted, presented and approval of the final plat of Lots 1 and 2 of C and read. Buol moved that the communication be Z Addition located at 605 and 611 South received and filed. Seconded by Cline. Motion Grandview at the request of Roland Clinton and carried 6-0. Richard and Patricia Zahina, presented and read. Buol moved that the communication be Dubuque Girls’ Independent League: City received and filed. Seconded by Cline. Motion Manager recommending approval of the first carried 6-0. amendment to the lease agreement between the RESOLUTION NO. 10-02 City of Dubuque and the Dubuque Girls’ RESOLUTION APPROVING THE FINAL PLAT Independent League for 11.6 acres of the Rip OF LOTS 1 AND 2 OF C AND Z ADDITION Row Valley property to clearly state when the general public will be able to use the leased Whereas, there has been filed with the City area, presented and read. Buol moved that the Clerk a final plat of Lots 1 and 2 of C and Z communication be received and filed. Seconded Addition; and by Cline. Motion carried 6-0. Whereas, said plat provides Lot 1 with 4,876 square feet of lot area and 50.63 feet of lot RESOLUTION NO. 9-02 frontage and Lot 2 with 4,966 square feet of lot RESOLUTION APPROVING AN AMENDMENT area and 48.70 feet of lot frontage, where 6,000 TO THE LEASE AGREEMENT WITH THE square feet of lot area and 60 feet of lot frontage DUBUQUE GIRLS’ INDEPENDENT LEAGUE respectively are required; and 10 Regular Session, January 21, 2002 Whereas, said final plat has been examined by Passed, approved and adopted this 21st day the Zoning Advisory Commission and had its of January, 2002. approval endorsed thereon; and Ann E. Michalski, Mayor Pro-Tem Whereas, said final plat has been examined by Attest: Jeanne F. Schneider, City Clerk the City Council and they find that it conforms to Buol moved adoption of the Resolution. the statutes and ordinances relating thereto. Seconded by Cline. Motion carried 6-0. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 12-02 THE CITY COUNCIL OF THE CITY OF FINAL ESTIMATE DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Whereas, the contract for the demolition of the Subdivision Regulations is waived to allow Lot 1 building located at 330-336 Main Street has with 4,876 square feet of lot area and 50.63 feet been completed and the Economic Development of lot frontage and Lot 2 with 4,966 square feet Director has submitted his final estimate of lot area and 48.70 feet of lot frontage, where showing the cost thereof including the cost of 6,000 square feet of lot area and 60 feet of lot estimates, notices and inspection and all frontage respectively are required. miscellaneous costs; Section 2. That the final plat of Lots 1 and 2 of NOW, THEREFORE, BE IT RESOLVED BY C and Z Addition is hereby approved, and the THE CITY COUNCIL OF THE CITY OF Mayor and City Clerk are hereby authorized and DUBUQUE, IOWA: directed to endorse the approval of the City of Section 1. That the cost of said improvement is Dubuque, Iowa upon said final plat. hereby determined to be $150,040 and the said Passed, approved and adopted this 21st day amount shall be paid from the Fiscal Year 2001 of January, 2002. Community Development Block Grant funds. Ann E. Michalski, Mayor Pro-Tem Passed, approved and adopted this 21st day Attest: Jeanne F. Schneider, CMC, City Clerk of January, 2002. Buol moved adoption of the Resolution. Ann E. Michalski, Mayor Pro-Tem Seconded by Cline. Motion carried 6-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. 330 - 336 Main Street – Acceptance: City Seconded by Cline. Motion carried 6-0. Manager recommending acceptance of the demolition project at 330 – 336 Main Street in Westside Intake Replacement Project – the final contract amount of $150,040 as Acceptance: City Manager recommending completed by Tschiggfrie Excavating, presented acceptance of the Westside Intake Replacement and read. Buol moved that the communication Project in the final contract amount of be received and filed. Seconded by Cline. $39,704.11 as completed by Renaissance of Motion carried 6-0. Dubuque Corporation, presented and read. Buol moved that the communication be received and RESOLUTION NO. 11-02 filed. Seconded by Cline. Motion carried 6-0. ACCEPTING IMPROVEMENT RESOLUTION NO. 13-02 Whereas, the contract for the demolition of the ACCEPTING IMPROVEMENT building located at 330-336 Main Street has been completed and the City manager has Whereas, the contract for the Westside Intake examined the work and filed his certificate Replacement Project has been completed and stating that the same has been completed the City Manager has examined the work and according to the terms of the contracts, plans filed his certificate stating that the same has and specifications and recommends its been completed according to the terms of the acceptance. contract, plans and specifications and NOW, THEREFORE, BE IT RESOLVED BY recommends it acceptance. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the recommendation of the DUBUQUE, IOWA: City Manager be approved and that said Section 1. That the recommendation of the improvement be and the same is hereby City Manager be approved and that said accepted. improvement be and the same is hereby BE IT FURTHER RESOLVED that the City accepted. Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City the contractor from the Fiscal Year 2001 Treasurer be and he is hereby directed to pay to Community Development Block Grant Fund in the contractor from the Fiscal Year 1999 amounts equal to the amount of this contract, General Fund in amount equal to the amount of less any retained percentage provided for his contract, less any retained percentage therein. provided for therein. Regular Session, January 21, 2002 11 st Passed, approved and adopted this 21 day of Ann E. Michalski, Mayor Pro-Tem January, 2002. Attest: Jeanne F. Schneider, City Clerk Ann E. Michalski, Mayor Pro-Tem Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Cline. Motion carried 6-0. Buol moved adoption of the Resolution. RESOLUTION NO. 16-02 Seconded by Cline. Motion carried 6-0. FINAL ESTIMATE RESOLUTION NO. 14-02 Whereas, the contract for the 2001 Curb Ramp FINAL ESTIMATE Installation - CDBG Project has been completed Whereas, the contract for the Westside Intake and the City Engineer has submitted his final Replacement Project has been completed and estimate showing the cost thereof including the the City Engineer has submitted his final cost of estimates, notices and inspection and all estimate showing the cost thereof including the miscellaneous costs. cost of estimates, notices and inspection and all NOW THEREFORE, BE IT RESOLVED BY miscellaneous costs. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the cost of said improvements DUBUQUE, IOWA: is hereby determined to be $33,225.93 and the Section 1. That the cost of said improvements said amount shall be paid from the Fiscal Year is hereby determined to be $46,262.86 and the 2001 Community Development Block Grant said amount shall be paid from the Fiscal Year Fund of the City of Dubuque, Iowa. st 1999 Fiscal Year General Fund of the City of Passed, approved and adopted this 21 day of Dubuque, Iowa. January, 2002. st Passed, approved and adopted this 21 day of Ann E. Michalski, Mayor Pro-Tem January, 2002. Attest: Jeanne F. Schneider, City Clerk Ann E. Michalski, Mayor Pro-Tem Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Cline. Motion carried 6-0. Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. 2001 Sidewalk Assessment Project: City Manager recommending approval of the final 2001 CDBG Curb Ramp Installation – assessment schedule for the 2001 Sidewalk Acceptance: City Manager recommending Assessment Project, presented and read. Buol acceptance of the 2001 Curb Ramp Installation moved that the communication be received and (CDBG) Project in the final contract amount of filed. Seconded by Cline. Motion carried 6-0. $31,052.28, presented and read. Buol moved RESOLUTION NO. 17-02 that the communication be received and filed. A RESOLUTION ADOPTING THE FINAL Seconded by Cline. Motion carried 6-0. ASSESSMENT SCHEDULE FOR THE 2001 RESOLUTION NO. 15-02 SIDEWALK ASSESSMENT PROJECT INCLU- ACCEPTING IMPROVEMENT DING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, Whereas, the contract for the 2001 Curb Ramp THE NUMBER OF ANNUAL INSTALLMENTS Installation - CDBG Project has been completed INTO WHICH ASSESS-MENTS ARE DIVIDED, and the City Manager has examined the work THE INTEREST ON ALL UNPAID and filed his certificate stating that the same has INSTALLMENTS, THE TIME WHEN THE been completed according to the terms of the ASSESSMENTS ARE PAYABLE AND contract, plans and specifications and DIRECTING THE CLERK TO CERTIFY THE recommends it acceptance. FINAL SCHEDULE AND TO PUBLISH NOTICE NOW THEREFORE, BE IT RESOLVED BY THEREOF. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY Section 1. That the recommendation of the THE CITY COUNCIL OF THE CITY OF City Manager be approved and that said DUBUQUE, IOWA: improvement be and the same is hereby That after full consideration of the final accepted. schedule of assessments and accompanying BE IT FURTHER RESOLVED that the City plat showing the assessments proposed to be Treasurer be and he is hereby directed to pay to made for the construction of the 2001 Sidewalk the contractor from the Fiscal Year 2001 Assessment Project under contract with Kluck Community Development Block Grant Funds in Construction of Dubuque, Iowa, which final plat amount equal to the amount of his contract, less and schedule were filed in the office of the City th any retained percentage provided for therein. Clerk on the 16 day of January, 2002, the said st Passed, approved and adopted this 21 day of schedule of assessments be and the same is January, 2002. hereby approved and adopted. 12 Regular Session, January 21, 2002 nd That there be, and is hereby assessed and Burkart, Daniel & Donna 201 E. 22 Lot 2 S levied as a special tax against and upon each of 36’ 56 & all 55 LH Langs Addn 10-24-203-018 the lots, the respective sums indicated. $69.00 Provided, further, that the amounts shown in Bigelow, Marc & Linda 2995 Castlewood Lot said final schedule of assessments as 15 Blk 9 Arbor Oaks 10-15-152-023 $55.20 deficiencies are found to be proper and levied Arthur, Steve & Deann 3085 Castlewood Lot 5 conditionally against the respective properties Re-Plat Block 8 Arbor Oaks 10-15-152-018 benefited by the improvements as shown in the $414.00 schedule, subject to the provisions of Section Dean, Darron Wayne 119 Clarke Dr. E. 65’ Lot 384.63 of the Code of Iowa. Said assessments 15 LH Langworthy Sub. 10-24-134-033 $55.20 against said lots are hereby declared to be in Potter, Ralph R. 429 Clarke Dr. Lot 102 Cox’s proportion to the special benefits conferred and Addn. 10-24-176-023 $110.40 not in excess of twenty-five percent of the value Vaassen, Ronald and Judy 879 Clarke Dr. Lot of same. 1 Sub Lots 30 & 31, Lot 4 Sub Lots 30 & 31 10- That the City Clerk be and is hereby directed 23-276-019 $55.20 to certify said schedule to theCounty Treasurer Biechler, John, 2220 Foye Lot 22 CA Voelkers of Dubuque County, Iowa, and to publish notice Addn. 10-24-111-001 $55.20 of said certification once each week for two Schmitt, Michael 2214 Jackson Lot 1 of 57 LH consecutive weeks in the manner provided in Langworthy’s Addn. 10-24-203-007 $276.00 Section 362.3, the first publication of which shall Bemis, Terry & Justin, 1705 Lori Lot 12 Block be not more than fifteen days from the date of 4 Scenic View Hgts #3 10-15-481-025 $110.40 filing of the final schedule. On or before the date Johnson, Ronald G. 1782 Lori Lot 4 Block 2 of the second publication of the notice, the City Scenic View Hgts #3 10-15-482-008 $423.20 Clerk shall also mail a copy of said notice to Franklin, Laura 874 Mt. Loretta Lot 4 Mineral property owners whose property is subject to Lot 39 10-36-206-009 $621.00 assessment, as provided and directed in Section McCarron, Robert & Julia 928 Mt. Loretta Lot 6 384.60 of the Code of Iowa. Ryders Sub. 10-36-206-006 $165.60 That assessments may be paid in full or in part Wilson, Monique 995 Mt. Loretta W. 50’ Lot 59 without interest at the office of the County & 1-60- Oak Grove Addn. 10-36-126-019 Treasurer, at any time within 30 days after the $1,373.10 date of the first publication of this notice of the Grabow, Ralph 2615 St. Anne Dr. Lot 2 Block filing of the final schedule of assessments with 6 St. Anne’s Sub. 10-22-408-018 $386.40 the County Treasurer. After 30 days unpaid Biechler, Judith 2905 St. Anne Dr. Lot 1 Block assessments of $50.00 or more are payable in 7 Mettel Brooks Addn. 10-22-335-036 $124.20 10 annual installments and will draw annual Pluym, Daniel & Susan, 2044 White S. 32’ W interest at nine percent (commencing on the ½ Lot 44 LH Langworthy’s Sub. 10-24-213-003 date of acceptance of the work) computed to the $276.00 December 1 next following the due dates of the Then, Lauretta & Richard 2062 White W ½ Lot respective installments as provided in Section 43 & S 28’ W ½ Lot 42 LH Langworthy 10-24- 384.65 of the Code of Iowa. Each installment will 213-001 $55.20 be delinquent from October 1 following its due Brashaw, Paul & Kathryn 2160 St. Celia Lot 29 date on July 1 of each year. Property owners Block 4 Sunset Park #2 10-21-252-005 $655.04 may elect to pay any annual installments Parris, Allen R. & Anita M. 1790 Auburn Lot semiannually in advance. 172 & N 12-1/2” Lot 171 Woodland Park Addn. st Passed, approved and adopted this 21 day of 10-23-383-001 $690.00 January, 2002. Revenig, James C. & Paula 2267 St. Celia Lot Ann E. Michalski, Mayor Pro-Tem 14 Blk 6 Sunset Park #2 10-21-204-003 $368.00 Attest: Jeanne F. Schneider, City Clerk Bisping, Isabelle D. 895 Lowell S. 50’ Lot 22 & 2001 SIDEWALK ASSESSMENT PROJECT 23 Busemans Sub #1 10-23-235-009 $846.40 SCHEDULE OF FINAL ASSESSMENTS TOTAL $7,184.74 The following schedule is hereby determined Buol moved adoption of the Resolution. to show each lot proposed to be assessed for Seconded by Cline. Motion carried 6-0. the improvements shown in the title together with the amount proposed to be assessed Dubuque Yacht Basin Lease Amendments: against each lot and the valuation shown City Manager recommending approval of three opposite each lot are hereby fixed as the true corrected lease amendments between the City valuations of such lots by the City Council of the and Dubuque Yacht Basin, Inc., which were City of Dubuque. approved on December 17, 2001, presented and Property Owner Location Legal Description read. Buol moved that that communication be Parcel Total Assessment received and filed and approved recommendation. Seconded by Cline. Motion carried 6-0. Regular Session, January 21, 2002 13 from $15,000,000 to $20,000,000, presented Dodds River Terminals – Lease Amendment: and read. Buol moved that the communication City Manager recommending approval of an be received and filed and approved amendment to the lease agreement between the recommendation. Seconded by Cline. Motion City of Dubuque and Dodds River Terminals for carried 6-0. rail access, presented and read. Buol moved RESOLUTION NO. 19-02 that the communication be received and filed. NAMING DEPOSITORIES Seconded by Cline. Motion carried 6-0. Whereas,Chapter 12C.2 of the 2201 Code of RESOLUTION NO. 18-02 Iowa states that the approval of a financial RESOLUTION APPROVING THE FIRST institution as a depository shall be by written AMENDMENT TO LEASE AND AGREEMENT resolution or order which shall be entered of BETWEEN DUBUQUE TWINE COMPANY record in the minutes of the approving board, AND THE CITY OF DUBUQUE DATED APRIL and which shall distinctly name each depository 10, 1979 approved, and specify the maximum amount Whereas, Dubuque Twine Company entered which may be kept on deposit in each into a certain Lease and Agreement with the City depository; and of Dubuque (City) dated April 10, 1979; and Whereas,This procedure is required if a Whereas, Dubuque Twine Company assigned financial institution changes its name or home the Lease and Agreement to Dodds River office location, if the maximum amount is Terminals, Inc. (Dodds) on June 12, 1995; and changed, or if a financial institution is added or Whereas, Dodds and the City desire to amend deleted. Paragraph 4 of the lease regarding the use of NOW, THEREFORE, BE IT RESOLVED BY the City-owned railroad siding currently utilized THE CITY COUNCIL OF THE CITY OF by Dodds; and DUBUQUE, I OWA: Whereas, Dodds proposes to give up and yield Section 1. That the following financial any right to rail access to its leased property institutions are approved to be depositories of from the City-owned railroad siding north of the City of Dubuque, Iowa funds in conformance Dodds and also proposes that the City accept with all applicable provisions of the 2001 Iowa and maintain the newly-repaired south railroad Code Chapter 12C.2. The City Treasurer is siding from the Dodds rail and dock, to the point hereby authorized to deposit City of Dubuque, where siding joins the Chicago Central and Iowa funds in amounts not to exceed the Pacific Railroad tracks. maximum approved for each respective NOW, THEREFORE, BE IT RESOLVED BY financial institution as set out below. THE CITY COUNCIL OF THE CITY OF Depository Name Location of Home Office DUBUQUE, IOWA: Maximum Balance Section 1. That the First Amendment to Lease American Trust & Savings Bank Dubuque, Iowa and Agreement is hereby approved and the $40,000,000 Mayor is authorized and directed to execute the Dubuque Bank & Trust Company Dubuque, First Amendment to Lease Agreement and Iowa $40,000,000 Agreement attached hereto. Firstar Bank N.A. Milwaukee, Wisconsin Section 2. That the City reimburse Dodds the $20,000,000 sum of $8,464.16 (less Iowa sales tax) for its Dupaco Community Credit Union Dubuque, cost in the repair of the southerly railroad siding. Iowa $20,000,000 Section 3. The City Clerk is hereby authorized Premier Bank Dubuque, Iowa $20,000,000 and directed to record a certified copy of this East Dubuque Savings Bank East Dubuque, Resolution and the First Amendment to Lease Illinois $20,000,000 and Agreement in the offices of the Dubuque Liberty Bank Des Moines, Iowa $20,000,000 County Recorder. Passed, approved and adopted this 21st day of st Passed, approved and adopted this 21 day of January, 2002. January, 2002. Ann E. Michalski, Mayor Pro-Tem Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Seconded by Cline. Motion carried 6-0. Dubuque Yacht Basin – Firstar Assignment: Authorized Depository Institutions: City City Manager recommending approval of the Manager recommending increasing the assignment of real estate and lease agreements maximum balance for the City’s authorized for the Dubuque Yacht Basin to Firstar Bank, depository institutions (Firstar Bank N.A., presented and read. Buol moved that that Dupaco Community Credit Union, Premier Bank, communication be received and filed and East Dubuque Savings Bank, and Liberty Bank) 14 Regular Session, January 21, 2002 approved recommendation. Seconded by Cline. Area Office and to the local news media, Motion carried 6-0. individuals and groups known to be interested and believed to be appropriate to receive such a Quarterly Investment Report: City Manager notice; and submitting the December 31, 2001 Quarterly Whereas, any and all comments received as a Investment Report, presented and read. Buol result of such notice will be duly considered moved that the communication and report be before proceeding with a Request for Release of received and filed. Seconded by Cline. Motion Funds and Certification. carried 6-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Four Mounds Foundation: City Manager DUBUQUE, IOWA: recommending support for a grant application by Section 1. That the City Clerk be and is hereby the Four Mounds Foundation to the State authorized and directed to publish a combined Historical Society for repairs to the exterior of Notice of Finding of No Significant Impact on the the Grey House (Conference Center/Inn), Environment and Notice of Intent to Request presented and read. Buol moved that the Release of Funds for the Heartland Financial communication be received and filed and USA project and to make the Environmental approved recommendation. Seconded by Cline. Review Record for said project available for Motion carried 6-0. public inspection and comment until 5:00 p.m. on February 11, 2002. Such notice shall be in Heartland Financial – Notice of No Significant the form of Exhibit "A" attached hereto and Impact: City Manager recommending approval made a part hereof. of a combined Notice of No Significant Impact Section 2. That the environmental review on the Environment and Notice of Intent to record for the project shall be placed on file in Request Release of Funds for the Heartland the Office of the City Clerk where said record Financial USA project, presented and read. Buol may be examined and copied by any interested moved that the communication be received and party. filed. Seconded by Cline. Motion carried 6-0. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to RESOLUTION NO. 20-02 submit to the U.S. Department of Housing and A RESOLUTION AUTHORIZING PUBLI- Urban Development fifteen (15) days after CATION OF A COMBINED NOTICE OF publication of appropriate notice a Request for FINDING OF NO SIGNIFICANT IMPACT ON Release of Funds to undertake the said project. THE ENVIRONMENT AND NOTICE OF Section 4. That the Mayor of the City of INTENT TO REQUEST RELEASE OF FUNDS Dubuque is hereby authorized to consent to FOR HEARTLAND FINANCIAL USA assume the status of a responsible federal PROJECT. official under the National Environmental Whereas, the City of Dubuque entered into a Protection Act, insofar as the provisions of the Grant Agreement for the Fiscal Year said Act apply to the U.S. Department of commencing July 1, 2001, with the U.S. Housing and Urban Development Department of Housing and Urban responsibilities for review, decision making, and Development, providing for financial assistance action assumed and carried out by the City of to the City under Title I of the Housing and Dubuque as to environmental issues. Community Development Act of 1974, as Section 5. That the Mayor of the City of amended; and Dubuque is hereby authorized to consent Whereas, pursuant to the rules and regulations personally, in his official capacity and on behalf as promulgated by the U.S. Department of of the City of Dubuque, to accept the jurisdiction Housing and Urban Development, an of the federal courts if an action is brought to environmental review has been processed for enforce responsibilities in relation to the Heartland Financial USA project; and environmental review, decision-making and Whereas, based on said environmental review, action. the Department of Housing and Community Section 6. That the Mayor of the City of Development has determined that said project Dubuque be and he is hereby authorized and will have no significant impact on the directed to execute a certification pertaining to environment; and the environmental review procedures. st Whereas, a combined notice of " Finding of No Passed, approved and adopted this 21 day of Significant Impact on the Environment" and of January 2002. "Intent to Request Release of Funds" for said Ann E. Michalski, Mayor Pro-Tem project will be sent by regular mail to various Attest: Jeanne F. Schneider, City Clerk federal, state and local public agencies; to the Buol moved adoption of the Resolution. appropriate Regional Office of the Seconded by Cline. Motion carried 6-0. Environmental Protection Agency, to the HUD Regular Session, January 21, 2002 15 RESOLUTION NO. 22-02 Agreement Between the City of Dubuque and Delta Dental Plan of Iowa: City Manager Whereas, applications for Liquor Licenses recommending approval of the Administrative have been submitted to this Council for approval Services and Financial Agreement between the and the same have been examined and City of Dubuque and Delta Dental Plan of Iowa approved; and for services related to the administration of the Whereas, the premises to be occupied by such City’s dental plan, presented and read. Buol applicants were inspected and found to comply moved that the communication be received and with the State Laws and all City Ordinances filed and approved recommendation. Seconded relevant thereto and they have filed proper by Cline. Motion carried 6-0. bonds. NOW, THEREFORE, BE IT RESOLVED BY Iowa League of Cities Conference: City THE CITY COUNCIL OF THE CITY OF Manager recommending that the City submit a DUBUQUE, IOWA: bid for the Iowa League of Cities Conference That the Manager be authorized to cause to be scheduled for 2005 and 2006, presented and issued the following named applicants a Liquor read. Buol moved that the communication be License. received and filed and concurred. Seconded by CLASSC BEER/LIQUOR LICENSE @@ Cline. Motion carried 6-0. Town Clock Inn, Inc Town Clock Inn 799 Town Clock Plaza City Manager recommending approval of Charles Steffen Tony’s Place+ Permit Application to Corps of Engineers for (Sunday Sale) 1701 Central Ave Dubuque County Historical Society Wetlands James W. Goetzinger Goetz’s+ Project, presented and read. Buol moved that (Sunday Sale) 2776 Jackson St. the communication be received and filed and CLASS “B” (WB) WINE approved recommendation. Seconded by Cline. Express Depot Inc. Liquor Depot of Dubuque Motion carried 6-0. 1620 JFK Rd st Passed, approved and adopted this 21 day of Business Licenses: January, 2002. Ann E. Michalski, Mayor Pro-Tem RESOLUTION NO. 21-02 Attest: Jeanne F. Schneider, City Clerk BEER Buol moved adoption of the Resolution. Whereas, applications for Beer Permits have Seconded by Cline. Motion carried 6-0. been submitted and filed to this Council for approval and the same have been examined BOARDS/COMMISSIONS and approved: and Whereas, the premises to be occupied by such Appointments to the following Boards / applicants were inspected and found to comply Commissions: with the Ordinances of the City and have filed HUMAN RIGHTS COMMISSION (Three proper bonds. vacancies for terms through 1/1/05 – terms of NOW, THEREFORE, BE IT RESOLVED BY Blau, Determan, and Sutton). Applicants: Sr. THE CITY COUNCIL OF THE CITY OF Corine Murray, PBVM; Lou Oswald; Bill Ross; DUBUQUE, IOWA: Joseph Hopkins. That the Manager be authorized to cause to be Vote on the appointments was as follows: issued the following named applicants a Beer Cline voted for Murray, Oswald and Ross. Permit. Connors voted for Murray, Oswald and Ross. CLASS “C” BEER PERMIT Markham voted for Murray, Oswald and Ross. Dubuque Discount Gas Inc Dubuque Discount Michalski voted for Murray, Oswald and Ross. Gas+(Sunday Sale) 2175 Central Ave Nicholson voted for Murray, Oswald and Ross, Hill Street Plaza, Inc. Oky Doky # 8+ Buol voted for Murray, Oswald and Ross. (Sunday Sale) 535 Hill St Therefore, Sr. Corine Murray, PBVM, Lou Iowa Oil Company IOCO Speed Shoppe # 3+ Oswald, and Bill Ross appointed to three year (Sunday Sale) 3200 Central Ave terms which will expire 1/1/05. Express Depot Inc Liquor Depot of Dubuque+ PLUMBING BOARD (Journeyman – Term of (Sunday Sale) 1620 JFK Rd Papin to expire 11/2/03): Applicant: Paul Papin. st Passed, approved and adopted this 21 day of Markham moved that Mr. Papin be reappointed January 2002. to the Plumbing Bd. to a term to expire 11/2/03. Ann E. Michalski, Mayor Pro-Tem Seconded by Nicholson. Motion carried 6-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. 16 Regular Session, January 21, 2002 PUBLIC HEARINGS the west 53 feet of Lot 20 of Morgan’s Subdivision, Lot 7, Lot 7A, Lot 8, Lot 2 of Lot 9, Buol moved to suspend the rules to allow Lot 2 of Lot 3, and Lot 2 of Lot 4, all of Yates anyone present to address the Council if they so and Pickett Subdivision; Lot 2 of Lot 73, Lot 2 of desire. Seconded by Cline. Motion carried 6-0. Lot 74, Lot 2 of Lot 75, Lot 2 of Lot 76, Lot 2 of Lot 77, Lot 2 of Lot 78, Lot 2 of Lot 79, Lots 71A, Loras College – Request to Amend the ID Lots 69 through and including Lot 71, Lots 63 Institutional District: Proof of publication on through and including Lot 67, Lot 80 and Lot 2 of notice of hearing to consider amending the ID Lot 81A, all of A.P. Woods Addition, and the Institutional District located from Henion Street alley from Blake Street East except the portion th to 16 Street at the request of Loras College to adjoining Lot 2 of Lot 73 of A.P. Woods Addition, allow for construction of student apartments and all of Helena Street, all in the City of Dubuque, Zoning Advisory Commission recommending Iowa. approval, presented and read. Buol moved that Section 2. That pursuant to Iowa Code Section the proof and communication be received and 414.5(1993) and as an express condition of filed. Seconded by Nicholson. Motion carried 6-amending the Loras College ID Institutional 0. District, the undersigned property owner(s) An Ordinance Amending Appendix A (the agree(s) to the following conditions, all of which Zoning Ordinance) of the City of Dubuque Code the property owner(s) further agree(s) are of Ordinances by providing for the amendment reasonable and imposed to satisfy the public of Ordinance 18-00 and approving an amended needs that are caused directly by the zoning Campus Development Plan for the Loras reclassification: College ID Institutional District, presented and A. Use Regulations read. The following regulations shall apply to all uses made of land in the above- described ID OFFICIAL PUBLICATION Institutional District: ORDINANCE NO. 1-02 1) Principal permitted uses shall be limited to: AN ORDINANCE AMENDING APPENDIX A a) Colleges or universities (THE ZONING ORDINANCE) OF THE CODE b) Vocational schools OF ORDINANCES BY PROVIDING FOR THE c) Seminaries AMENDMENT OF ORDINANCE 18-00 AND d) Offices for administrative personnel or APPROVING AN AMENDED CAMPUS other institutional employees and affiliates DEVELOPMENT PLAN FOR THE LORAS e) Churches, libraries and museums COLLEGE ID INSTITUTIONAL DISTRICT . f) Classrooms, laboratories, lecture halls, NOW, THEREFORE, BE IT ORDAINED BY and similar places of institutional THE CITY COUNCIL OF THE CITY OF g) Off-street parking and loading DUBUQUE, IOWA: h) Recreational or athletic facilities for the Section 1. That Appendix A (the Zoning primary use and benefit of institutional Ordinance) of the City of Dubuque Code of residents or affiliates Ordinances and Ordinance 18-00 be amended i) Single-family, two-family or multi-family by adopting a revised campus development dwellings for the housing of institutional plan, a copy of which is attached to and made a residents or affiliates part hereof, for the Loras College ID Institutional 2) Accessory uses. The following uses shall be District, to wit: permitted as accessory uses in the above- Lot 1 of Lot 2 of Mineral Lot 90; Lot 2 of described ID Institutional District: Mineral Lot 91; Lot 1 and Lot 2 of Loras College a) Located entirely within a principal building, Place; Lot 1 and Lot 2 of City Lot 742; Lot 1, Lot bookstores or bars seating not more than 2 and Lot 3 of City Lot 741; City Lot 714, Lots 20 seventy-five (75) persons at one time and through and including Lot 33 of Levins Addition; located not closer than two hundred feet (200’) all of the alleys in Levins Addition; Lot 15 from the nearest Residential or Office through and including Lot 18 of Kringle Addition; Residential District. Lots 30 through and including Lot 43 of Yates b) All uses customarily incidental and Subdivision; Lots 32A, Lot B and Lot C all of subordinate to the principal use it serves, but Yates Subdivision; Lot 1 and Lot 2, and Lots 12 not to include commercial use outside the through and including Lot 15, all of Henion and principal building. Baird Subdivision; W103’-N12’-N34’6”-W105’ of 3) No conditional uses shall be allowed. Lot 5, S22’6”-N34’6”-W105 of Lot 5, S6’6”-W105’ B. Lot and Bulk Regulations of Lot 5, W105’ of Lot 6 and W105’-N26’ of Lot Development of land in the ID Institutional 7, all in Henion and Baird Subdivision, Lots 1 District shall be amended as follows: The through and including Lot 8 of Hodgdon proposed Garden Apartments shall be located in Subdivision; Lot A of Hodgdon Subdivision; Lot conformance with the attached campus 820 and Lot 821 of A. McDaniels Subdivision; development plan and all final site development Regular Session, January 21, 2002 17 plans are to be approved in accordance with of the conditions authorizing the establishment provisions of the ID Institutional District of the district. regulations. I. Modifications C. Performance Standards Any modifications of this Ordinance must be The development and maintenance of uses in approved by the City Council in accordance with this ID Institutional District shall be established zoning reclassification proceedings of Section 6 in conformance with Section 3-5.2 of the Zoning of the Zoning Ordinance. Ordinance and the following standards: J. Recording 1) New outdoor lighting for the proposed A copy of this ordinance shall be recorded at Garden Apartments and reconstructed the the expense of the property owner(s) with the parking lot shall use 72 degree cut-off light Dubuque County Recorder as a permanent fixtures. record of the conditions accepted as part of this 2) Landscaping shall be provided in reclassification approval after the adoption of compliance with Section 4-4 of the Zoning this ordinance. This ordinance shall be binding Ordinance. upon the undersigned and all his/her heirs, 3) All utilities, including telephone and cable successors and assignees. television, shall be installed underground. Section 3. The foregoing amendment has 4) Final site development plans shall be heretofore been reviewed by the Zoning submitted in accordance with Section 4.4 of the Advisory Commission of the City of Dubuque, Zoning Ordinance. Iowa. D. Parking Requirements Section 4. This ordinance shall take effect The off-street parking requirements for the immediately upon publication, as provided by principal permitted uses for the herein described law. ID Institutional District shall be regulated as Passed, approved and adopted this 21st day follows: of January, 2002. 1) That twenty-six (26) spaces shall be Ann E. Michalski, Mayor Pro-Tem provided in the new parking lot between Binz Attest: Jeanne F. Schneider, City Clerk Hall and the Garden Apartments. ACCEPTANCE OF ORDINANCE NO. 1-02 2) That four (4) additional spaces shall be I, Joseph F. Gower, President, Loras College, provided between Beckman and Binz Hall. having read the terms and conditions of the 3) That eleven (11) spaces shall be reassigned foregoing Ordinance No. 001–02 and being from faculty/staff to student parking in the familiar with the conditions thereof, hereby Hoffman Hall parking lot. accept the same and agree to the conditions 4) A minimum of 1,075 off-street parking required therein. spaces shall be maintained for the Loras Dated this 24th day of January, 2002. College Institutional District. By: /s/ Joseph F. Gower 5) Any significant expansion or reduction in the President number of off-street parking spaces must be Published officially in the Telegraph Herald st reviewed by Planning Services staff for newspaper this 1day of February, 2002. compliance with the adopted institutional district Jeanne F. Schneider, City Clerk requirements. 1t 2/1 E. Open Space and Recreational Areas Buol moved that the requirement that a Those areas not designated on the conceptual proposed Ordinance be considered and voted development plan for development shall be on for passage at two Council Meetings prior to maintained as open space, as defined by the meeting at which it is to be finally passed be Section 8 of the Zoning Ordinance by the suspended and further moved final property owner and/or association. consideration and passage of the Ordinance. F. Sign Regulations Seconded by Nicholson. Motion carried 6-0. The sign regulations shall be the same as that which are allowed in the ID Institutional District White Street Reconstruction Project: Proofs of as established in Section 4-3.11 of the Zoning publication on notice of hearing on plans and Ordinance. specifications, and notice to bidders on the G. Additional Standards receipt of bids, and City Manager recommending 1) That all previously approved campus adoption of the plans and specifications and that development plans are hereby amended to allow a second public hearing and award of the for the attached conceptual development plan. contract be scheduled for February 18, 2002; H. Transfer of Ownership Communication from Ena Rae-Lienne Porter, Transfer of ownership or lease of property in 2268 White Street, expressing concern this ID Institutional District shall include the regarding the cost of the improvements; transfer or lease agreement a provision that the Communication from Brenda Lee Thurston purchaser or lessee acknowledges awareness Burke, objecting to the public improvement assessment for reconstruction of White Street; 18 Regular Session, January 21, 2002 Communication from Karen M. and Mark J. Whereas, this is the time and place set as Kuhle regarding the White Street reconstruction provided for the taking of action on the proposed project; Communication of Ellis Swartz, 2665 Resolution of Necessity. Jackson Street; Communication of Louise Welu, NOW THEREFORE, BE IT RESOLVED BY 3103 White Street; and Communication of THE CITY COUNCIL OF THE CITY OF Raymond O’Brien 2760 Central, objecting to the DUBUQUE, IOWA: assessments for the reconstruction of White That the proposed Resolution of Necessity Street, presented and read. Nicholson moved described above is hereby: that the proofs and communications be received Adopted, without amendment, and all objections and filed. Seconded by Buol. Motion carried 6-0. filed or made having been dully considered are overruled. RESOLUTION NO. 23-02 Adopted as amended by the Schedule of RESOLUTION RESCINDING RESOLUTION Assessments attached hereto as NO. 554-01 AND ADOPTING IN LIEU Exhibit A, and made a part hereof by THEREOF A NEW SCHEDULE OF reference. All objections filed or made PRELIMINARY ASSESSMENTS FOR WHITE having been duly considered are STND STREET RECONSTRUCTION – 21 TO 32 overruled. STREET PROJECT x Deferred for later consideration to a City th Whereas, the City Council passed Resolution Council meeting to be held on the 18 No. 554-01, dated December 17, 2001, day of February, 2002, next at 6:30 approving the Preliminary Schedule of p.m. in the Public Library Auditorium, Assessments for the reconstruction of White with jurisdiction retained for further stnd Street – 21 to 32 Street; and consideration and action at the Whereas, it has been determined that the adjourned meeting. Schedule of Assessments contained calculation Abandoned. st errors which need to be corrected. Passed, adopted and approved this 21 day of NOW, THEREFORE, BE IT RESOLVED BY January, 2002. THE CITY COUNCIL OF THE CITY OF Ann E. Michalski, Mayor Pro-Tem DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk That the following Preliminary Schedule of Nicholson moved adoption with the Resolution Proposed Assessments, as shown on the respect to the adoption of the Resolution of attached sheets, 1 to 5 inclusive, are hereby Necessity proposed for the White Street determined to be the Schedule of Proposed Reconstruction Project (with Option Three). Assessments for the reconstruction of White Seconded by Buol. Motion carried 6-0. stnd Street – 21 to 32 Street and the valuations set herein are hereby approved. 515 Garfield Avenue – Request to Rezone: st Passed, approved and adopted this 21 day of Proof of publication on notice of hearing to January, 2002. consider rezoning property located at 515 Ann E. Michalski, Mayor Pro-Tem Garfield Avenue from R-2A Alternate Two- Attest: Jeanne F. Schneider, City Clerk Family Residential District to OR Office Nicholson moved adoption of the Resolution Residential District as requested by Scott Potter Rescinding the preliminary schedule of and Zoning Advisory Commission assessments and approving a revised recommending approval, presented and read. preliminary schedule of assessments Seconded Markham moved that the proof and by Buol. Motion carried 6-0. communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 24-02 Scott Potter, 17121 Freund Rd., spoke in favor RESOLUTION WITH RESPECT TO THE of the proposed rezoning. ADOPTION OF THE RESOLUTION OF An Ordinance Amending Appendix A (the NECESSITY PROPOSED FOR THE WHITE Zoning Ordinance) of the City of Dubuque Code STND STREET RECONSTRUCTION – 21 TO 32 of Ordinances by reclassifying hereinafter STREET described property located at 515 Garfield Whereas, the City Council has proposed a Avenue from R-2A Alternate Two-Family Resolution of Necessity for the White Street Residential District to OR Office Residential stnd Reconstruction – 21 to 32 Street Project has District, presented and read. given notice of the public hearing thereon as OFFICIAL PUBLICATION required by law; and ORDINANCE NO. 2-02 Whereas, the public hearing has been held, all AN ORDINANCE AMENDING APPENDIX A persons offering objections have been heard (THE ZONING ORDINANCE) OF THE CITY OF and consideration given to all objections and is DUBUQUE CODE OF ORDINANCES BY pending before this Council; and RECLASSIFYING HEREINAFTER DESCRI- Regular Session, January 21, 2002 19 BED PROPERTY LOCATED AT 515 OFFICIAL PUBLICATION GARFIELD AVENUE FROM R-2A ORDINANCE NO. 3-02 ALTERNATE TWO-FAMILY RESIDENTIAL AN ORDINANCE AMENDING APPENDIX A DISTRICT TO OR OFFICE RESIDENTIAL. (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY NOW, THEREFORE, BE IT ORDAINED BY REPEALING SECTION 2(C)(2) OF THE CITY COUNCIL OF THE CITY OF ORDINANCE NO. 15-99 AND ENACTING A DUBUQUE, IOWA: NEW SECTION 2(C)(2) IN LIEU THEREOF Section 1. That Appendix A (the Zoning PERTAINING TO ACCESS REQUIREMENTS Ordinance) of the City of Dubuque Code of OF THE PC PLANNED COMMERCIAL Ordinances is hereby amended by reclassifying DISTRICT FOR QHQ PROPERTIES. the hereinafter-described property from R-2A Alternate Two-Family Residential District to OR Whereas, Ordinance No. 15-99 was adopted Office Residential District, to wit: Lot 1 of Lot 2 of on November 1, 1999, by the City Council Lot 3 Mineral Lot 113A and Lot 1 of Lot 2 of Lot establishing the PC Planned Commercial District 2 Mineral Lot 113A, and to the centerline of the for QHQ Properties, and adjoining public right-of-way, all in the City of Whereas, QHQ Properties, Inc. has requested Dubuque, Iowa. an amendment to the PUD Ordinance regulating Section 2. The foregoing amendment has access requirements in the PC Planned heretofore been reviewed by the Zoning Commercial District for QHQ Properties. Advisory Commission of the City of Dubuque, NOW, THEREFORE, BE IT ORDAINED BY Iowa. THE CITY COUNCIL OF THE CITY OF Section 3. This ordinance shall take effect DUBUQUE, IOWA: immediately upon publication, as provided by Section 1. That Appendix A (the Zoning law. Ordinance) is hereby amended by repealing Passed, approved and adopted this 21st day Section 2(C)(2) of Ordinance No. 15-99 and of January, 2002. enacting a new Section 2(C)(2) in lieu thereof, Ann E. Michalski, Mayor Pro-Tem as follows: Attest: Jeanne F. Schneider, City Clerk 2(C)(2) The first public street shall be Published officially in the Telegraph Herald constructed concurrent with the development of th newspaper this 28 day of January, 2002. Lots 1, 2 and 3. Jeanne F. Schneider, City Clerk Section 2. The foregoing amendment has 1t 1/28 heretofore been reviewed by the Zoning Markham moved that the requirement that a Advisory Commission of the City of Dubuque, proposed Ordinance be considered and voted Iowa. on for passage at two Council Meetings prior to Section 3. This Ordinance shall take effect the meeting at which it is to be finally passed be immediately upon publication as provided by suspended and further moved final law. consideration and passage of the Ordinance. Passed, approved and adopted this 21st day Seconded by Cline. Motion carried 6-0. of January, 2002. Ann E. Michalski, Mayor Pro-Tem Holliday Drive – Request to Amend the Attest: Jeanne F. Schneider, City Clerk Planned Unit Development: Proof of publication ACCEPTANCE OF ORDINANCE NO. 3-02 on notice of hearing to consider amending the I, Dr. Timothy Quagliano, representing QHQ Planned Unit Development at the southwest Properties, property owner, having read the corner of Asbury Road and Holliday Drive as terms and conditions of the Ordinance No. 003- requested by A.J. Spiegel and Dr. Timothy 02 and being familiar with the conditions thereof, Quagliano and Zoning Advisory Commission hereby accept this same and agree to the recommending approval, presented and read. conditions required therein. st Buol moved that the proof and communication Dated this 21 day of January, 2002. be received and filed. Seconded by Nicholson. /s/ Dr. Timothy Quagliano Motion carried 6-0. Published officially in the Telegraph Herald th newspaper this 4 day of February, 2002. An Ordinance Amending Appendix A (the Jeanne F. Schneider, City Clerk Zoning Ordinance) of the City of Dubuque Code 1t 2/4 of Ordinances by repealing Section 2(C)(2) of Buol moved that the requirement that a Ordinance No. 15-99 and enacting a new proposed Ordinance be considered and voted Section 2(C)(2) in lieu thereof pertaining to on for passage at two Council Meetings prior to access requirements of the PC Planned Unit the meeting at which it is to be finally passed be Commercial District for QHQ Properties, suspended and further moved final presented and read. consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. 20 Regular Session, January 21, 2002 th Dubuque Jaycees/Peosta Channel Trail Whereas, on the 12 day of December, 2001, Project: Proofs of publication on notice of plans, specifications, form of contract and hearing on plans and specifications and notice estimated cost were filed with the City Clerk of to bidders on the receipt of bids, and City Dubuque, Iowa for the Port of Dubuque Utility Manager recommending that the City proceed Relocation and Extension Project - Phase II. with the project, presented and read. Nicholson Whereas, notice of hearing on plans, moved that the proofs and communication be specifications, form of contract, and estimated received and filed. Seconded by Cline. Motion cost was published as required by law. carried 6-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 25-02 DUBUQUE, IOWA: RESOLUTION ADOPTING That the said plans, specifications, form of PLANS AND SPECIFICATIONS contract and estimated cost are hereby Whereas, on the 20th day of December, 2001, approved as the plans, specifications, form of plans, specifications, form of contract and contract and estimated cost for said estimated cost were filed with the City Clerk of improvements for said project. st Dubuque, Iowa for the Dubuque Jaycees/Peosta Passed, approved and adopted this 21 day of Channel Trail Project. January, 2002. Whereas, notice of hearing on plans, Ann E. Michalski, Mayor Pro-Tem specifications, form of contract, and estimated Attest: Jeanne F. Schneider, City Clerk cost was published as required by law. Markham moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Nicholson. Motion carried 6-0. THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 27-02 DUBUQUE, IOWA: AWARDING CONTRACT That the said plans, specifications, form of contract and estimated cost are hereby Whereas, sealed proposals have been approved as the plans, specifications, form of submitted by contractors for Port of Dubuque contract and estimated cost for said Utility Relocation and Extension Project – Phase improvements for said project. II, pursuant to Resolution No. 561-01 and notice st Passed, approved and adopted this 21 day of to bidders published in a newspaper published st January, 2002. in the City of Dubuque, Iowa on the 21 day of Ann E. Michalski, Mayor Pro-Tem December, 2001. Attest: Jeanne F. Schneider, City Clerk Whereas, said sealed proposals were opened Nicholson moved adoption of the Resolution. and read on the 10th day of January, 2002, and Seconded by Cline. Motion carried 6-0. it has been determined that the bid of Fischer Excavating, Inc. of Freeport, Illinois, in the Port of Dubuque Utility Relocation and amount of $908,591.98 was the lowest bid for Extension Project: Proofs of publication on the furnishings of all labor and materials and notice of hearing on plans and specifications performing the work as provided for in the plans and notice to bidders on the receipt of bids, and and specifications. City Manager recommending award of the NOW THEREFORE, BE IT RESOLVED BY contract for the Port of Dubuque Utility THE CITY COUNCIL OF THE CITY OF Relocation and Extension Project to Fischer DUBUQUE, IOWA: Excavating, Inc., in the amount of $908,591.98, That the contract for the above improvement presented and read. Markham moved that the be awarded to Fischer Excavating, Inc. and the proofs and communication be received and filed. Manager be and is hereby directed to execute a Seconded by Nicholson. Motion carried 6-0. contract on behalf of the City of Dubuque for the Rod Tschiggfrie, 4105 Thunder Ridge Rd. of complete performance of the work. Tschiggfrie Excavating Co., spoke of concerns BE IT FURTHER RESOLVED: with the bid letting and stated clarification is That upon the signing of said contract and the necessary in the bid specs and that the Vision approval of the contractor's bond, the City Iowa Funds should be meant for Iowa. Treasurer is authorized and instructed to return Wayne Fischer, of Fischer Excavating, spoke the bid deposits of the unsuccessful bidders. st stressing he is a responsible contractor, and that Passed, approved and adopted this 21 day of their subcontractors are from Iowa. January, 2002. City Manager Van Milligen spoke stating that Ann E. Michalski, Mayor Pro-Tem no Vision Iowa money is being used in this Attest: Jeanne F. Schneider, City Clerk project. Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 26-02 RESOLUTION ADOPTING Watermain and Road Extension from PLANS AND SPECIFICATIONS Chavenelle Road at Radford Road to the Regular Session, January 21, 2002 21 Industrial Park: Proof of publication on notice of Planned Unit Development District – Text hearing to consider approving a proposed public Amendment: Proof of publication on notice of improvement project to construct the Chavenelle hearing to consider an amendment to Section 3- Road watermain extension and to acquire 5.5(B) Planned Unit Development of the City of property for the extension of Chavenelle Road, Dubuque Code of Ordinances as requested by and to acquire agricultural land for the project the City of Dubuque and Zoning Advisory and City Manager recommending adoption of Commission recommending approval, presented the resolution approving construction of the and read. Buol moved that the proof and Chavenelle Road watermain extension and communication be received and filed. Seconded acquisition of property for the extension through by Cline. Motion carried 6-0. condemnation if necessary, presented and read. Markham moved that the proof and An Ordinance Amending Appendix A (the communication be received and filed. Seconded Zoning Ordinance) of the City of Dubuque Code by Buol. Motion carried 6-0. of Ordinances by repealing Section 3-5.5(B) and adopting a new Section 3-5.5(b) in lieu thereof RESOLUTION NO. 28-02 pertaining to general requirements of Planned RESOLUTION APPROVING A PUBLIC Unit Developments, presented and read. IMPROVEMENT PROJECT TO CONSTRUCT THE CHAVENELLE ROAD WATERMAIN OFFICIAL PUBLICATION EXTENSION, TO ACQUIRE PROPERTY FOR ORDINANCE NO. 4-02 THE EXTENSION OF CHAVENELLE ROAD, AN ORDINANCE AMENDING APPENDIX A AND TO ACQUIRE AGRICULTURAL LAND (THE ZONING ORDINANCE) OF THE CITY OF FOR THE PROJECT DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 3-5.5(B) AND Whereas, the City Council of the City of ADOPTING A NEW SECTION 3-5.5(B) IN LIEU Dubuque has considered a proposed public THEREOF PERTAINING TO GENERAL improvement project to construct the Chavenelle REQUIREMENTS OF PLANNED UNIT Road Watermain Extension and to acquire DEVELOPMENTS. property for the extension of Chavenelle Road; and Whereas, the City Council established the Whereas, the proposed project may require Planned Unit Development (PUD) District to the acquisition of agricultural land by encourage flexible and innovative design; and condemnation; and Whereas, the City Council finds that requiring Whereas, Iowa Code Chapter 6B requires the common ownership in a PUD is inconsistent with City to set a time and place for a public hearing the general purpose of intent of this district. on the proposed project and to provide notice to NOW, THEREFORE, BE IT ORDAINED BY each owner of such agricultural land that may be THE CITY COUNCIL OF THE CITY OF the subject of condemnation; and DUBUQUE, IOWA: Whereas, a public hearing was held on Section 1. Appendix A (the Zoning Ordinance) January 21, 2002, after notice thereto of the of the City of Dubuque Code of Ordinances is owners of such land. hereby amended by repealing Section 3-5.5(B) NOW THEREFORE, BE IT RESOLVED BY and adopting the following new Section 3-5.5(B) THE COUNCIL OF THE CITY OF DUBUQUE, in lieu thereof: General Requirements IOWA: : A PUD may be Section 1. The City Council hereby approves established on any parcel over two (2) acres for the public improvement project to construct the residential, office, commercial or industrial Chavenelle Road Watermain Extension and to development. A PUD is required for all acquire land for the extension of Chavenelle department stores over sixty thousand (60,000) Road through a portion of the NW ¼ SW ¼ Sec. square feet of building area, regional shopping th 29 89N R2E 5 P.M. centers, all multi-family structures over twelve Section 2. That the Corporation Counsel and (12) units per building, and for all new industrial the City Manager are hereby authorized to parks and all new office parks. The City of acquire the property for the construction of the Dubuque may request or require a PUD project, including acquisition of the land by classification. condemnation, if necessary. Such PUD district designation(s) shall be st Passed, approved and adopted this 21 day of shown on the official zoning map as a P followed January, 2002. by a letter designating the primary use, C Ann E. Michalski, Mayor Pro-Tem (Commercial), O (Office), I (Industrial) or R Attest: Jeanne F. Schneider, City Clerk (Residential); therefore, showing a PR, PO, PI or Markham moved adoption of the Resolution. PC designation. Seconded by Buol. Motion carried 6-0. Section 2. This ordinance has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. 22 Regular Session, January 21, 2002 HOUSING POWERS, DIVISION 1, MUNICIPAL Section 3. This ordinance shall take effect HOUSING AGENCY, SECTION 15-11, immediately upon publication, as provided by MUNICIPAL HOUSING AGENCY AND law. GOVERNING BOARD; AND BY REPEALING Passed, approved and adopted this 21st day SECTION 15-12, HOUSING PROGRAM of January, 2002. SUPERVISOR. Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. Schneider, City ClerkNow, therefore, be it enacted by the City Published officially in the Telegraph Herald Council of the City of Dubuque, Iowa, as follows: th newspaper this 28 day of January, 2002. Section 1. ARTICLE II, Division 1, Sections 15- Jeanne F. Schneider, City Clerk 11 and 15-12 of Chapter 15 of the City of 1t 1/28 Dubuque Code of Ordinances, are hereby Buol moved that the requirement that a repealed and the following new article, division proposed Ordinance be considered and voted and sections are adopted: on for passage at two Council Meetings prior to ARTICLE II. MUNICIPAL HOUSING POWERS the meeting at which it is to be finally passed be DIVISION 1. MUNICIPAL HOUSING AGENCY suspended and further moved final Sec. 15-11. Municipal housing agency and consideration and passage of the Ordinance. governing board: Seconded by Cline. Motion carried 6-0. (a) The City Council has determined it to be in the public interest for the city to directly exercise Buol moved that the rules be reinstated limiting its municipal housing powers under Iowa Code discussion to the Council. Seconded by Cline. chapter 403A. The city is the designated Motion carried 6-0. municipal housing agency for the city and shall exercise all the powers as are provided for in ACTION ITEMS Iowa Code chapter 403A. The governing body of the municipal housing agency shall be the Greater Dubuque Development Corporation: municipal housing governing board, referred to Rick Dickinson, Executive Director of GDDC, to in this chapter as the "governing board", present their quarterly report – this item consisting of the City Council and one member removed from the Agenda. appointed as provided in paragraph (b). The governing board shall comply with the Housing Authority Governing Board: City procedural rules of the City Council and shall Manager recommending approval of an have final jurisdiction over all matters of the amendment to the Code of Ordinances to create municipal housing agency. The City Manager is a municipal housing agency governing board for authorized to direct, administer, and manage the administration of the City’s federal Section 8 agency through the Department of Housing and rental assistance program, presented and read. Community Development. Buol moved that the communication be received (b) The appointed member of the governing and filed. Seconded by Markham. Motion carried board shall be the member of the Housing 6-0. Commission appointed pursuant to Section 15- 23(e). An Ordinance Amending Chapter 15, (c) The Mayor shall preside at all meetings of Community Development, of the City of the governing board and shall execute Dubuque Code of Ordinances by repealing agreements, deeds and other documents as Article II, Low-Rent Housing, Division I, Mayor of the City of Dubuque. Generally, Section 15-11, Designation of Section. 2. This ordinance shall be in full force Municipal Housing Agency and adopting a new and effect from and after its passage and Article II Municipal Housing Powers, Division 1, publication as provided by law. st Municipal Housing Agency, Section 15-11 Passed, approved and adopted this 21 day of Municipal Housing Agency and Governing January, 2002. Board; and by repealing Section 15-12, Housing Ann E. Michalski, Mayor Pro-Team Program Supervisor, presented and read. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald th OFFICIAL PUBLICATION newspaper this 28 day of January, 2002. ORDINANCE NO. 5-02 Jeanne F. Schneider, City Clerk AN ORDINANCE AMENDING CHAPTER 15, 1t 1/28 COMMUNITY DEVELOPMENT, OF THE CITY Buol moved that the requirement that a OF DUBUQUE CODE OF ORDINANCES BY proposed Ordinance be considered and voted REPEALING ARTICLE II, LOW-RENT on for passage at two Council Meetings prior to HOUSING, DIVISION I, GENERALLY, the meeting at which it is to be finally passed be SECTION 15-11, DESIGNATION OF suspended and further moved final MUNICIPAL HOUSING AGENCY, AND consideration and passage of the Ordinance. ADOPTING A NEW ARTICLE II MUNICIPAL Seconded by Markham. Motion carried 6-0. Regular Session, January 21, 2002 23 and filed and approved the appointment. Comprehensive Annual Financial Report Seconded by Connors. Motion carried 6-0. (CAFR): City Manager submitting the Fiscal Iowa League of Cities: Communication from Year 2001 Comprehensive Annual Financial Iowa League of Cities appointing Council Report (CAFR), Parking Facilities Financial Member Patricia Cline to serve as one of Iowa’s Statements, Management Letter and Response representatives on the Public Safety and Crime to Management Letter, presented and read. Prevention Policy Committee, presented and Cline moved that the communication be read. Buol moved that the communication be received and filed. Seconded by Buol. Motion received and filed and approved the carried 5-0 with Nicholson temporarily out of the appointment. Seconded by Connors. Motion Chambers. carried 6-0. Sunset Ridge: Communication from Douglas Rail Feasibility Study: City Manager Henry requesting that Sunset Ridge be declared recommending that a portion of Fiscal Year a public street and related correspondence, 2002 funds programmed by Keyline Transit as presented and read. the local match for trolley vehicles be redirected th Attorney Doug Henry, 151 W. 8 St., speaking as the matching funds for the Rail Feasibility on behalf of several property owners, requested Study, which has been approved for funding by that this street be declared a public City street. Congress, presented and read. Cline moved that Cline moved to receive and file the the communication be received and filed and communication. Seconded by Nicholson. Motion approved the recommendation. Seconded by passed 6-0. Nicholson. Motion carried 6-0. Markham moved that Sunset Ridge be accepted as a public street and incorporated Fiscal Year 2003 Operating Budget and within the City. Seconded by Buol. Vote on the Capital Improvement Program: City Manager motion was as follows: Yeas–Buol, Markham. presenting the Fiscal Year 2003 Operating Nays–Cline, Connors, Michalski, Nicholson. Budget and Capital Improvement Program, Motion Failed. presented and read. Cline moved that the Nicholson moved to direct Corporation communication be received and filed. Seconded Counsel to negotiate a fifty/fifty split of by Nicholson. Motion carried 6-0. reconstruction cost with property owners if the City were to accept the street as a public street COUNCIL MEMBER REPORTS and if this was not successful, to take the matter to District Court for a decision. Motion died due Markham requested an update on the hiring of to lack of a second. a Library Director. Cline moved to refer the matter to staff. Motion died due to lack of a second. ITEMS TO BE SET FOR PUBLIC HEARING Markham moved to table the matter. Seconded by Buol. Vote on the motion was as Bond Sale to Support Main Street follows: Yeas--Buol, Cline, Connors, Michalski, Reconstruction Project: City Manager Markham. Nays–Nicholson. Motion passed 5-1. recommending that a public hearing be set for Monday, February 4, 2002 to consider the sale Way-Finding Signage: City Manager of $1,000,000 General Obligation Bonds, Series recommending approval of the Way-Finding 2002, presented and read. Buol moved that the Signage Task Force recommendations with communication be received and filed. Seconded modifications, presented and read. Nicholson by Nicholson. Motion carried 6-0. moved that the communication be received and RESOLUTION NO. 29-02 filed and recommended approval of the Task RESOLUTION FIXING DATE FOR A MEETING Force’s recommendation as to the “Grandview ON THE PROPOSITION OF THE ISSUANCE District” rather than the alternate “College OF NOT TO EXCEED $1,000,000 GENERAL District.” Seconded by Buol. Carried by the OBLIGATION BONDS (FOR AN ESSENTIAL following vote: Yeas--Connors, Markham, CORPORATE PURPOSE) OF DUBUQUE, Michalski, Nicholson, Buol. Nays--Cline. IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF National League of Cities: Communication from the National League of Cities appointing Whereas, it is deemed necessary and advisable Council Member Dan Nicholson to the 2002 that the City of Dubuque, Iowa, should issue Information Technology and Communications General Obligation Bonds to the amount of not Steering Committee and requesting that he to exceed $1,000,000 as authorized by Section accept the appointment, presented and read. 384.25 of the City Code of Iowa, for the purpose Buol moved that the communication be received of providing funds to pay costs of carrying out an 24 Regular Session, January 21, 2002 essential corporate purpose project as considered, the Council will at this meeting or at hereinafter described; and any adjournment thereof, take additional action Whereas, before said bonds may be issued, it for the issuance of said bonds or will abandon is necessary to comply with the provisions of the proposal to issue said bonds. said Code, and to publish a notice of the This notice is given by order of the Council of proposal to issue such bonds and of the time Dubuque, Iowa, as provided by Section 384.25 and place of the meeting at which the Council of the City Code of Iowa. st proposes to take action for the issuance of the Dated this 21 day of January, 2002. bonds and to receive oral and/or written /s/ Jeanne F. Schneider, City Clerk of Dubuque, objections from any resident or property owner Iowa of said City to such action. (End of Notice) st NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 21 day of THE COUNCIL OF THE CITY OF DUBUQUE, January, 2002. IOWA: Ann E. Michalski, Mayor Pro-Tem Section 1. That this Council meet in the Attest: Jeanne F. Schneider, City Clerk Auditorium, Carnegie Stout Public Library, Buol moved adoption of the Resolution and st Dubuque Iowa, at 6:30 o’clock P.M. on the 21 further set this for Public Hearing on 2/4/02 at day of January, 2002, for the purpose of taking 6:30 P.M. in the public library auditorium and action on the matter of the issuance of not to that the City Clerk publish notice in the manner exceed $1,000,000 General Obligation Bonds prescribed by law.. Seconded by Nicholson. for an essential corporate purpose of said City, Motion carried 6-0. the proceeds of which bonds will be used to provide funds to pay costs of construction and Downtown Urban Renewal: City Manager reconstruction of street, sidewalk, utility and recommending adoption of a Resolution of streetscape improvements relating to the Necessity finding that an Amendment to the thth opening of Main Street from 5 to 9 Streets. Urban Renewal Plan for the Downtown Urban Section 2. That the Clerk is hereby directed to Renewal District is necessary and setting a cause at least one publication to be made of a public hearing for April 1, 2002, presented and notice of said meeting, in a legal newspaper, read. Buol moved that the communication be printed wholly in the English language, received and filed. Seconded by Nicholson. published at least once weekly and having Motion carried 6-0. general circulation in said City, said publication RESOLUTION NO. 30-02 to be not less than four clear days nor more than A RESOLUTION OF NECESSITY FINDING twenty days before the date of said public THAT THE EXPANSION OF THE DOWNTOWN meeting on the issuance of said bonds. DUBUQUE URBAN RENEWAL DISTRICT IS Section 3. The notice of the proposed action to AN AREA MEETING THE DEFINITIONS OF issue said bonds shall be in substantially the BLIGHT AND ECONOMIC DEVELOPMENT following form: AND THAT DEVELOPMENT OF SAID AREA NOTICE OF MEETING OF THE COUNCIL OF IS NECESSARY IN THE INTEREST OF THE THE CITY OF DUBUQUE, IOWA, ON THE RESIDENTS OF THE CITY OF DUBUQUE, MATTER OF THE PROPOSED ISSUANCE OF IOWA. NOT TO EXCEED $1,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL Whereas, the City Council of the City of CORPORATE PURPOSE) OF SAID CITY, AND Dubuque has determined that the further THE HEARING ON THE ISSUANCE THEREOF expansion of the Downtown Dubuque Urban PUBLIC NOTICE is hereby given that the Renewal District will provide redevelopment Council of the City of Dubuque, Iowa, will hold a opportunities which will further the purposes and th public hearing on the 4 day of February, 2002, objectives of the Downtown Dubuque Urban at 6:30 o’clock P.M. in the Auditorium, Carnegie Renewal Plan; and Stout Public Library, Dubuque, Iowa, at which Whereas, the City Council has found that the meeting the Council proposes to take additional proposed expansion area meets the definition of action for the issuance of not to exceed an economic development area as found in $1,000,000 General Obligation Bonds for an Chapter 403 "Urban Renewal" of the Iowa Code; essential corporate purpose of said City, in order and to provide funds to pay costs of construction and Whereas, Chapter 403 of the Iowa Code reconstruction of street, sidewalk, utility and requires that before urban renewal authority may streetscape improvements relating to the be exercised, a City Council must adopt a thth opening of Main Street from 5 to 9 Streets. resolution of necessity finding that the area in At the above meeting the Council shall receive question is a slum, blighted or economic oral or written objections from any resident or development area, and that so designating such property owner of said City, to the above action. area is necessary in the interest of the public After all objections have been received and Regular Session, January 21, 2002 25 health, safety or welfare of the residents of the Attest: Jeanne F. Schneider, City Clerk municipality. Buol moved adoption of the Resolution and NOW, THEREFORE, BE IT RESOLVED BY further set this for Public Hearing on 4/1/02 at THE CITY COUNCIL OF THE CITY OF 6:30 P.M. in the public library auditorium and DUBUQUE, IOWA: that the City Clerk publish notice in the manner Section 1. That the following described area, prescribed by law. Seconded by Nicholson. which is proposed to be added to the Downtown Motion carried 6-0. Dubuque Urban Renewal District, is an economic development area as defined by Rezoning Request of Dennis and Lori Ansel: Chapter 403 of the Iowa Code and is City Manager recommending that the public appropriate for an urban renewal project, to wit: hearing to consider the rezoning request of Commencing as a point of reference at the Dennis and Lori Ansel, which was tabled on th intersection of the centerline of 9 Street with October 16, 2000, be reset for hearing on Locust Street, said point being the point of February 4, 2002, presented and read. Buol beginning: thence northwesterly along the moved that the communication be received and centerline of Locust Street to the centerline of filed and set this for Public Hearing on 2/4/02 at th 14 Street; thence northeasterly along the 6:30 P.M. in the public library auditorium and th centerline of 14 Street to the centerline of that the City Clerk publish notice in the manner Central Avenue; thence southeasterly along the prescribed by law. Seconded by Nicholson. centerline of Central Avenue to the centerline of Motion carried 6-0. th 10 Street; thence southwesterly along the northerly boundary of the existing Downtown Hazard Mitigation Plan Task Force: City Dubuque Urban Renewal District to the point of Manager recommending that a public hearing be beginning, containing 30 acres more or less, all set for February 4, 2002 to consider the City’s located in Section 25, Township 89 North, Hazard Mitigation Plan as developed by the Range 2 East, 5th P.M., Dubuque County, Iowa Hazard Mitigation Plan Task Force, presented and including any adjoining public right-of-way and read. Buol moved that the communication (hereinafter, the "Expansion Area"). be received and filed and set for Public Hearing Section 2. That the development of the on 2/4/02 at 6:30 P.M. in the public library Expansion Area is necessary and appropriate to auditorium and that the City Clerk publish notice facilitate the proper growth and development of in the manner prescribed by law. Seconded by the community in accordance with sound Nicholson. Motion carried 6-0. planning and local community objectives. Section 3. That the City Manager is authorized Cottingham and Butler - Irrevocable License: and directed to prepare an Amended and City Manager recommending that a public Restated Urban Renewal Plan for the Downtown hearing be set for February 4, 2002 to consider Dubuque Urban Renewal District, to forward disposing of City-owned property to Cottingham said Plan to the City's Long Range Planning and Butler to construct an underground tunnel in Commission for review and comment and to the public right-of-way from their current building begin the consultation process required by law to their buildings at 823 and 835 Main Street, with affected taxing entities. presented and read. Buol moved that the Section 4. That the City Clerk is directed to communication be received and filed. Seconded publish notice of a public hearing on the by Nicholson. Motion carried 6-0. adoption of an Amended and Restated Urban RESOLUTION NO. 31-02 Renewal Plan for the Downtown Dubuque Urban RESOLUTION OF INTENT TO DISPOSE OF Renewal District to be held on April 1, 2002 at CITY INTEREST IN A PORTION OF MAIN 6:30 p.m. in the Carnegie-Stout Public Library THTH STREET BETWEEN 8 & 9 STREETS IN Auditorium, 11th and Bluff Streets, Dubuque, THE CITY OF DUBUQUE, IOWA Iowa 52001 and that said notice shall generally identify the area covered by the Amended and Whereas, Cottingham & Butler, Inc. desires to Restated Plan and the general scope of the construct an underground tunnel between its two th Amended and Restated Plan and the activities building locations from 151 West 8 Street to planned for such areas. 823 and 835 Main Street; and Section 5. That the City Clerk is further Whereas, plans have been submitted to the directed to send by ordinary mail a copy of said City by Straka-Johnson Architects, PC, and notice of public hearing to the Dubuque have been approved by the Building Services Community School District, the County Board of Department and the City Engineering Division; Supervisors and the Northeast Iowa Community and College, as the affected taxing entities. Whereas, the City Council of the City of st Passed, approved and adopted this 21day of Dubuque, Iowa, has determined that this January, 2002. underground portion of Main Street is not Ann E. Michalski, Mayor Pro-Tem required for public use, and the request for an 26 Regular Session, January 21, 2002 easement for construction of said tunnel should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Approved:__________________________2002 Section 1. That the City of Dubuque, Iowa, intends to issue a permanent easement to Adopted:___________________________2002 Cottingham & Butler, Inc. for the construction of a new tunnel under Main Street, from 151 West th 8 Street to 823 and 835 Main Street. ______________________________________ Section 2. That the conveyance of the Mayor easement to Cottingham & Butler, Inc. be contingent upon the payment of one dollar ______________________________________ ($1.00), plus platting, publication, and filing fees. Section 3. That the City of Dubuque reserves ______________________________________ unto itself the perpetual right for the purpose of erecting, installing, constructing, reconstructing, ______________________________________ maintaining, repairing, owning, operating and repairing water, sewer, drainage, gas, ______________________________________ telephone, t.v., cable, and electrical lines above or below said tunnel as such utilities may be ______________________________________ authorized by the City of Dubuque and as would not interfere with the existence of the tunnel. ______________________________________ Section 4. That the City Clerk be and is hereby Council Members authorized and directed to cause a Notice of Intent to dispose of said real estate by Attest: Irrevocable License to be published in the manner as described by law. ______________________________________ st Passed, approved and adopted this 21 day of City Clerk January, 2002. Ann E. Michalski, Mayor Pro Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and further set this for Public Hearing on 2/4/02 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 6-0. PUBLIC INPUT Richard Kieffer, 2260 White St., spoke of difficulty getting through the non-emergency phone numbers at the Dispatch Center. There being no further business, Buol moved to adjourn. Seconded by Cline. Motion carried 6- 0. The meeting adjourned at 9:04. /s/ Jeanne F. Schneider City Clerk 1t 1/30